Landlord-Tenant

San Francisco’s Board of Supervisors Tries to Fight Wrongful Evictions With Proposed Legislation

April 21, 2017 | Gregory J. Brod

In early April, the Board of Supervisors introduced two new pieces of legislations both aimed at making it more difficult for landlords to wrongfully evict tenants. The legislation, introduced by Supervisor Mark Farrell and Supervisors Aaron Peskin and Jane Kim, was drafted after an NBC Bay Area Investigation found landlords were fraudulently claiming landlord move-ins to evict tenants. It is legal for landlords to evict tenants so that they or one of their family members can move into a unit. However, NBC found there is little oversight to this process and many landlords are lying to get old tenants out and new tenants willing to pay much higher prices in.

The NBC Bay Area Investigation

NBC investigators knocked on doors throughout San Francisco to survey residents in addresses that were listed as having an owner-move-in eviction. They were able to survey residents at more than 100 addresses and found 24 instances in which neither the landlord nor a family member was currently living in the unit. This meant that nearly one in four evictions may have been unlawful.

Immigrants in California Face Landlord Threats of Eviction and Deportation

April 14, 2017 | Gregory J. Brod

In the current political climate, it comes as no surprise to local California attorneys and authorities that landlords are using the threat of deportation against their tenants who are or appear to be immigrants. The exact reasons for the threats vary. Some landlords want to force immigrants to pay higher rents while others want them to move out so the landlord can charge new tenants more. Still other landlords are using threats of calling immigration officials to move racial minorities out of certain neighborhoods for the purpose of gentrification. Whatever the reasons, these threatening tactics violate tenants’ rights.

If you are experiencing threats or harassment from your landlord based on your immigrant or documentation status, contact a San Francisco tenant rights attorney at Brod Law Firm to learn about protecting your rights.

Your Immigration or Citizenship Status is Private

California Appellate Court Sides with Landlords Over Relocation Assistance

April 7, 2017 | Gregory J. Brod

A San Francisco Court of Appeal ruled that relocation assistance payments for tenants, increased by a 2015 law, were unlawful and pre-empted by the 1985 Ellis Act since they placed a “prohibitive” cost upon a landlord’s right to leave the rental industry. This is a disappointing decision for tenants who are kicked out of their buildings and have to find suitable housing in a challenging market. For tenants who were long-time residents of these buildings, the move may be particularly difficult since rents have increased drastically in San Francisco in recent years. It may not be possible to find an apartment of comparable size or within the area for the same price.

If you are being evicted and you are not sure it was lawful or you need relocation assistance, contact the San Francisco tenant rights lawyers of Brod Law Firm right away.

More on the Appellate Court’s Decision

New California Tenant Rights Laws in Effect January 1

March 22, 2017 | Gregory J. Brod

If you rent an apartment or house in California, then you should be aware of a few new laws that went into effect on January 1. These laws may affect your rights.

The Bed Bug Law, AB 551

This law is important since bed bugs continue to plague rental properties across the country. Bed bugs are more than annoying, their bites can cause severe allergic reactions in people. Unfortunately, bed bugs are not easy to get rid of and treatment is generally much more expensive than a tenant can afford. That is why this new law places the duty upon the landlord to promptly treat and control bed bugs once their presence is established.

My Landlord Raised the Rent by 50%. Is that Legal?

March 15, 2017 | Gregory J. Brod

Whether or not your landlord can raise your rent and by how much depends on your rental unit and whether it is covered by the San Francisco Rent Ordinance. If you received notice of a massive rent hike on your unit, do not hesitate to reach out to an attorney for answers to your questions. You can contact the San Francisco Rent Board, San Francisco Tenants Union, or an experienced San Francisco tenant rights attorney at Brod Law Firm.

Whether Your Unit is Covered under the SFRO

Your rental unit is covered by the SFRO if it was built before 1979 and has at least two residential units. Buildings that were certified for occupancy after June 13, 1979 are exempt from the Rent Ordinance. This means if you live in an older building, it is probably rent controlled. If you live in a new building, it is likely not rent controlled.

Cockroaches Have Invaded My Apartment. What Can I do?

March 13, 2017 | Gregory J. Brod

Where there is one cockroach, there are bound to be many more. These hard-to-kill insects, also called water bugs, reproduce easily and quickly. A female can produce hundreds of new cockroaches each year and the insects can live off of almost anything. It is no wonder that once a cockroach gets into your apartment, it quickly turns into an infestation that requires professional treatment. If you are a tenant and you begin noticing cockroaches in your apartment, it is time to go to the landlord. Your landlord has a responsibility to maintain your rental unit so that it is safe and habitable. An untreated cockroach infestation makes your apartment unlivable, giving you a couple of legal options.

The Implied Warranty of Habitability

The implied warranty of habitability is a promise given by California law that your rental unit will be safe and livable. It also includes the promise that the landlord must maintain the premises in a safe, working, livable condition, which means fixing problems as they arise. This warranty is not a part of your lease. It exists no matter what your oral and written lease says. If the landlord breaches this promise and your apartment becomes unlivable, you may have the right to fix a problem yourself and deduct the cost from rent, move out without a financial detriment, or sue the landlord for compensation.

California Assembly Reviews AB 291: Immigrant Tenant Protection Act of 2017

March 6, 2017 | Gregory J. Brod

With the current political climate in the U.S., it is becoming more important for states to protect immigrant and minority populations from harassment and discrimination. That is why California Assemblymember David Chiu (D-San Francisco), along with other California leaders, announced AB 291, known as the Immigrant Tenant Protection Act of 2017. This bill, if made into law, would offer protections for immigrants from landlords who would have the power to disclose the tenant’s legal immigration status to the authorities. Under the law, landlords would not have the right to disclose this information for any reason or threaten to do so.

Why Legislators Feel AB 291 is Necessary

Current law bars landlords from asking about a tenant’s immigration status. There are also laws to protect tenants from discrimination, harassment, and retaliation by their landlords. However, these statutes do not stop landlords from assuming a person’s status based on his or her race, country of origin, religion, spoken language, or more. Legislators realize in the current climate, questionable landlords could use a person’s undocumented immigration status as leverage against the tenant. Immigrants are particularly at risk for intimidation and retaliation based on their legal status. Landlords may use or threaten to use this information to get tenants to vacate the premises or pay more rent. That is why a bill specifically addressing this issue has been introduced.

Your Rights When Your Apartment Building Goes Through Foreclosure

February 27, 2017 | Gregory J. Brod

As a renter, you have minimal control over your rental unit and you have almost no control over the entire building. You may pay your bills on time, yet that does not mean your landlord is in good financial standing. Like with individual homeowners, if a landlord is unable to pay the mortgage on the building, he or she can lose it to the lender through foreclosure. But what about your rights when your apartment building is foreclosed on? Will you be kicked out? The short answer is no, under San Francisco ordinance, you cannot be evicted simply because the lender or a new entity takes ownership of the building. If your landlord, the bank, or another party is trying to kick you out when you have a valid lease, contact a tenant rights attorney at Brod Law Firm immediately.

You are Protected from Eviction

Under Section 37.9D of the San Francisco Rent Ordinance, you are protected from foreclosure evictions. When the title of your apartment building reverts to a lender or mortgagee, they cannot simply tell you to leave.

Understanding “Repair and Deduct” in California

February 24, 2017 | Gregory J. Brod

There are certain circumstances under which if your landlord will not fix a problem in your rental unit, you have the right to take control of the situation, pay for the repair, and deduct the cost from your next month’s rent. However, this is only an option in limited circumstances and you must follow the law to do this “repair and deduct” process correctly. If you take a misstep, you could end up with problems with your landlord and not being able to deduct the amount. If you have serious issue in your apartment that needs repairs and your landlord is not responding, contact a San Francisco tenant rights attorney from Brod Law firm at (800) 427-7020 to learn about your options.

When is Repair and Deduct an Option?

Repair and deduct may be an option if an issue within your apartment makes it uninhabitable. This includes but is not limited to:

Your Rights During a No-Fault Eviction in San Francisco

February 17, 2017 | Gregory J. Brod

Evictions, or when you are required by your landlord to leave your rental unit, can happen in multiple ways. Evictions based on fault occurs if you do not pay rent or break the lease in some other way. No-fault evictions occur when you receive notice to leave the premises even though you have done nothing wrong. No-fault evictions can happen when your landlord needs full access to the unit without anyone in it. There is also a circumstance known as constructive eviction, when you are not told by the landlord to leave, but a habitability issue forces you to leave.

Your Rights When Evicted

Under San Francisco’s landlord-tenant laws, your rights upon eviction will depend on why you were evicted and how. If you were evicted based on not paying rent, you have minimal rights. You must leave and you may even still owe the landlord money. However, if you face a no-fault eviction, your rights are quite different. Under Section 37.9C of the Rent Ordinance and Section 1947.9 of the California Civil Code, you may have the right to payments from the landlord for your relocation or temporary displacement.